Archive Decision

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Forbury Park TC 8 November 2013 – R 6 (instigating a protest)

ID: JCA16978

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr D Dunn - Open Horseman and Driver of RIGHTTHERE RIGHTNOW

Information Number:
A6105

Hearing Type:
Protest

Rules:
869(8)(a) and (b)

Meet Title:
Forbury Park TC - 8 November 2013

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2013/11/08

Race Number:
R 6

Decision:

Placings are as called by the Judge. Stakes and dividends are to be paid accordingly.

Facts:

At the conclusion of Race 6, the DON CUTTANCE MEMORIAL PACE, an information was lodged by Mr Ydgren under 869(8)(a) and (b) alleging RIGHTHERE RIGHTNOW broke near the 1700 metre mark and took ROCK OF TARA wider causing this horse to lose ground.

Judge’s placings were:

1ST 4 TOP BRASS
2ND 10 MINSTREL BOY
3RD 6 RIGHTHERE RIGHTNOW
4TH 3 MYSTERY BOY

The official margins were 1 ¾ L; head; long neck; ½ head; 1 ¼ L.

Rule 869(8) states:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:

(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.

Submissions for Decision:

Mr Ydgren demonstrated on the video that with some 1700 metres to race RIGHTHERE RIGHTNOW started to pace roughly, before galloping and taking ROCK OF TARA to the outside of the track. He alleged ROCK OF TARA lost ground as a consequence and had had to work harder at this stage of the race. He elaborated by demonstrating that ROCK OF TARA was racing to the outside of RIGHTHERE RIGHTNOW when that horse galloped and ran out. He demonstrated that at the finish of the race ROCK OF TARA had run into 6th and in his view was about 2 lengths from running fourth or fifth.

Mr Williamson, the driver of ROCK OF TARA, said the primary reason he lost his chance was interference from another horse at the home turn and not as a consequence of being forced wider on the track early in the race by RIGHTHERE RIGHTNOW.

Mr Knight, the trainer of ROCK OF TARA agreed with Mr Williamson. He said ROCK OF TARA still had every chance until it was severely inconvenienced at the top of the straight. He added he would be the first to complain if he believed ROCK OF TARA’s chances were affected by RIGHTHERE RIGHTNOW galloping, but they were not.

Mr Dunn, the driver of RIGHTHERE RIGHTNOW, stated that in his view the incident had not affected the chances of ROCK OF TARA running a place. He said that horse had lost a little bit of ground but the horse was still in a winning position until it suffered interference from another horse on the last bend.

Reasons for Decision:

We find that with some 1700 metres to race RIGHTHERE RIGHTNOW started to pace roughly, before galloping, running out, and taking ROCK OF TARA wider on the track. ROCK OF TARA lost ground as a consequence. ROCK OF TARA thus suffered interference as a consequence of the actions of RIGHTHERE RIGHTNOW.

In exercising our discretion and not interfering with the Judge’s placings we are satisfied that the interference caused by RIGHTHERE RIGHTNOW galloping was such that ROCK OF TARA lost momentum only briefly and was shifted wider on the track. However, the horse recovered quickly and was running into the finish nicely when it met interference from another horse at the top of the home straight. It was this interference that cost ROCK OF TARA the opportunity of finishing in a dividend bearing position.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: bc54a843bfbd5e2962eb6f0b7e22961e


informantnumber: A6105


horsename: RIGHTTHERE RIGHTNOW


hearing_racingtype:


startdate: no date provided


newcharge:


plea:


penaltyrequired:


decisiondate: 06/11/2013


hearing_title: Forbury Park TC 8 November 2013 - R 6 (instigating a protest)


charge:


facts:

At the conclusion of Race 6, the DON CUTTANCE MEMORIAL PACE, an information was lodged by Mr Ydgren under 869(8)(a) and (b) alleging RIGHTHERE RIGHTNOW broke near the 1700 metre mark and took ROCK OF TARA wider causing this horse to lose ground.

Judge’s placings were:

1ST 4 TOP BRASS
2ND 10 MINSTREL BOY
3RD 6 RIGHTHERE RIGHTNOW
4TH 3 MYSTERY BOY

The official margins were 1 ¾ L; head; long neck; ½ head; 1 ¼ L.

Rule 869(8) states:

The Judicial Committee may in addition to any other penalty which may be imposed pursuant to r 1003 thereof place any horse which:

(a) may have gained an advantage by any conduct or interference prohibited by any preceding provision of this Rule and/or

(b) may have interfered with, or whose horseman may have interfered with, the progress or chance of any other horse or horses immediately after any horse from which it may have gained an advantage or whose chances or progress may have been affected thereby.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren demonstrated on the video that with some 1700 metres to race RIGHTHERE RIGHTNOW started to pace roughly, before galloping and taking ROCK OF TARA to the outside of the track. He alleged ROCK OF TARA lost ground as a consequence and had had to work harder at this stage of the race. He elaborated by demonstrating that ROCK OF TARA was racing to the outside of RIGHTHERE RIGHTNOW when that horse galloped and ran out. He demonstrated that at the finish of the race ROCK OF TARA had run into 6th and in his view was about 2 lengths from running fourth or fifth.

Mr Williamson, the driver of ROCK OF TARA, said the primary reason he lost his chance was interference from another horse at the home turn and not as a consequence of being forced wider on the track early in the race by RIGHTHERE RIGHTNOW.

Mr Knight, the trainer of ROCK OF TARA agreed with Mr Williamson. He said ROCK OF TARA still had every chance until it was severely inconvenienced at the top of the straight. He added he would be the first to complain if he believed ROCK OF TARA’s chances were affected by RIGHTHERE RIGHTNOW galloping, but they were not.

Mr Dunn, the driver of RIGHTHERE RIGHTNOW, stated that in his view the incident had not affected the chances of ROCK OF TARA running a place. He said that horse had lost a little bit of ground but the horse was still in a winning position until it suffered interference from another horse on the last bend.


reasonsfordecision:

We find that with some 1700 metres to race RIGHTHERE RIGHTNOW started to pace roughly, before galloping, running out, and taking ROCK OF TARA wider on the track. ROCK OF TARA lost ground as a consequence. ROCK OF TARA thus suffered interference as a consequence of the actions of RIGHTHERE RIGHTNOW.

In exercising our discretion and not interfering with the Judge’s placings we are satisfied that the interference caused by RIGHTHERE RIGHTNOW galloping was such that ROCK OF TARA lost momentum only briefly and was shifted wider on the track. However, the horse recovered quickly and was running into the finish nicely when it met interference from another horse at the top of the home straight. It was this interference that cost ROCK OF TARA the opportunity of finishing in a dividend bearing position.


Decision:

Placings are as called by the Judge. Stakes and dividends are to be paid accordingly.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Protest


Rules: 869(8)(a) and (b)


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer:


Otherperson:


PersonPresent: Mr M Williamson - Junior Horseman and Driver of ROCK OF TARA, Mr D Dunn - Open Horseman and Driver of RIGHTTHERE RIGHTNOW, Mr G Knight - Licensed Trainer of ROCK OF TARA


Respondent: Mr D Dunn - Open Horseman and Driver of RIGHTTHERE RIGHTNOW


StipendSteward:


raceid: 2a9f5273db4b95c38492e44c2768578e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 28212f5d7b4f2909bdfc5f4d2442fef8


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/11/2013


meet_title: Forbury Park TC - 8 November 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC